learning and unlearning

Unlearn to learn: The art of learning is in unlearning. We all say that learning is important and we keep learning throughout our life knowingly or unknowingly. But it is too rare to be heard that we have to learn the process of unlearning to learn new and better things. In my experience, unless we learn the unlearning trick, it is at times impossible to be in the learning mode. In fact, little deeper you delve into this and you will understand that unlearning is inherent into learning.

Tuesday, October 29, 2013

Development
dated 28.10.2013 in the court of Mr. Sanjay Bansal, Karkardooma Courts in the
defamation complaint case filed by Mr. Pawan Khera, Political Secretary/OSD to
Ms. Sheila Dixit, Hon’ble CM of Delhi against Mr. Arvind Kejriwal is being
projected as big development in the media channels/newspapers. Sorry to say
that such is not the case and this piece is to explain the same.

Criminal
cases are of two kinds viz. summon and warrant cases. Unlike sec. 239
applicable to a warrant case, in a summon case there is no provision in CrPC available
to the accused to provide a counter to the complaint for discharge. Once
cognizance has been taken by the concerned magistrate (which happens on the
basis of hearing just the complainant and his witnesses, if any and without
hearing the accused) and the accused gets summoned, the concerned court, even
though feels satisfied after hearing the accused that no case is made out, is
helpless and can’t do anything but to frame the notice and start the trial. The
defence extended in a summons case under sec. 251 of CrPC get recorded along
with the notice and is not considered to drop the charges. This was not the
case until the judgment of Hon’ble Supreme Court of India in case titled Adalat
Prasad versus Roop Lal Jindal 2004 (7) SCC 338 came wherein it was said that
the earlier review in K M Mathew’s case that no specific provision is required
for recalling an erroneous order of issuance of process amounting to one
without jurisdiction does not lay the correct law since in the absence of any
review power or inherent power with the subordinate Courts, the remedy lies in invoking section 482 of the CrPC to revoke
or recall an order of issuance of process by the magistrate under section 204 CrPC.

In view of
the above when the court, predecessor to the present one, took cognizance of the
complaint filed by Mr Pawar Khera and issued process under section 204 CrPC summoning
Mr Arvind Kejriwal, the only way available was either to challenge the issuance
process or file a petition under section 482 of CRPC before Hon’ble High Court of
Delhi for quashing of the complaint and processes originating therefrom. It was
precisely this position of law which did not allow the ld. Court, as recorded in the order dated 26th of October 2013, to adjudicate
our arguments extended before the Hon’ble court and the point of locus of Mr
Pawan Khera in view of sec. 199(1) of CrPC and the judgement of Hon’ble Bombay
High Court in the case titled “Balasaheb Keshav Thakrey versus state of
Maharashtra” to 2002 Lawsuit (Bom) 1150. In this case was clearly held that the
term “the person aggrieved” does not include anyone but the person defamed
unless the person so defamed is under the age of 18 years or is idiot or a
lunatic or is from sickness or infirmity unable to name a complaint or woman
who according to the local customs and manners ought not to be compelled to
appear in public in which case some other person may with the leave of the
court make a complaint on his or her behalf. Ms. Sheila Dixit in my opinion
does not fall in any of these categories unless Mr Pawan Khera has reasons to
believe/prove so and hence cognizance of complaint of Mr. Khera for defamation
of Ms Dixit is bad in law.

For the
reasons above, we have decided to move to Hon’ble High Court of Delhi for quashing
of the complaint and the processes originating therefrom under section 482 of
CrPC. I have firm belief that the cognizance and summoning orders suffer from serious legal infirmities as they are devoid of legal merits and will not withstand judicial scrutiny of Hon'ble High Court of Delhi. And for such wastage of precious judicial time lower judiciary needs to be more sensitised.

Saturday, May 11, 2013

Judgement in the case of Shantanu Kumar and
Ors. versus UOI and Ors bearing case number W.P. (CRL) 15/2013 wherein
implication of 8 young boys for the death of Constable Sri Tomar was challenged
by the way of a criminal writ was pronounced today (was reserved on
20.03.2013).

The Hon’ble court in its wisdom opinionated
that asking for quashing of FIR at this stage is premature (probably because
charge sheet is yet to be filed), but the good news for the eight boys who were
implicated with a charge as severe as murder of Constable Tomar, is that it has
been confirmed that they won’t be proceeded against u/s 302 of IPC and if at
all the case proceeds against them beyond the stage of framing of charge, it
would be for violation of Section 144 Order and other associated offences.

The Hon’ble Court has also clarified that
since Section 144 imposition during the famous December 2012 protest around
India Gate is already under challenge in Delhi High Court, the Hon’ble Court
opted not to venture in that direction and left it for the respective bench to
decide.

Though in our considered view, the Hon’ble
High Court missed an opportunity to fix the Delhi Police for its grave wrongs
and failures in ensuring the uninterrupted enjoyment of Constitutional Rights
by the citizens of Delhi, but for the eight boys it surely comes as a great
respite because of the confirmation of dropping of Section 302.

Since the Hon’ble High Court did not touch
the question of inefficiency of the Delhi Police and the exposed conspiracy to
kill the movement by arresting these eight youths for the charge of murder of
Constable Tomar who was not only not murdered by these eight young men, he was
murdered by no one and died his natural death because of Cardiac Arrest, we are
contemplating on further legal action including lodging of an FIR against the
Delhi Police Commissioner for his attempt to malign the eight boys with
absolutely baseless and now dropped charge of murdering Constable Tomar.

Sunday, April 28, 2013

My dear friend Sanjeev Sabhlok for long has been criticizing Arvind
Kejriwal for long without knowing him and this blog he published to tell the
entire world that Arvind kejriwal is a disaster but he published only his
emails and not the entire conversation. I resisted for long and kept telling
Sanjeev the truth but he refused to listen and understand. For me no one,
including me myself, is ABOVE THE NATION and hence FOR THE FIRST TIME I had to
state the truth for making people understand the truth behind such views of
Sanjeev Sabhlok. Please read the entire conversation to understand the naked
truth. Of course, Sanjeev is a brilliant person and his brilliance so far has
DONE NOTHING FOR MOTHER INDIA.

Sanjeev published Correspondences which he had with Mr Sushil Jain, a
friend and great promoter of spirituality based wisdom, but he published only
his emails and not what Mr Jain wrote to him and thus Sanjeev brought only
half-truths out.

Sanjeev published his emails to Mr Jain at http://nblo.gs/KHsu4.

What Mr Jain wrote to him is reproduced below and what conversation
took place among Sanjeev myself and other common friends on Facebook is
reproduced thereafter.

Somnath Bharti:

Sanjeev, I just received a copy of your interaction with that someone
Mr. Sushil Jain which you should have published along with your emails for
doing justice to the readers.Thanks Sanjeev,

Appreciate your response and intention for doing good work for the
nation.. I get your mails on Vedic wisdom for a long time now.

But I am really surprised to know that there is no common ground
between what you are trying to do and what others do... Basic spiritual wisdom
says that we all have the same intention, competence may be different. I also
happen to know Arvind Kejriwal from 2000, the year he started working as
Parivartan.... I never felt the way you feel about him. He certainly has a
focus and proceeds with it with clarity and conviction. He has sacrificed so
much on the way..but built a credible standing for himself...

If we keep treating/doubting each other like this then the how you
going to bring a change... What I see everywhere is that everyone wants to work
for the nation but in their own way, in the name of their organisation. As soon
one starts an organization then one needs funds and start asking for funds...
It is waste of energy and resources...Why not work together.. if the focus is
Nation building, serving others... Let us use the wisdom...

My primary work is to promote Wisdom Anchored Value Education (knowing
self and wisdom of life).. in colleges/universities... It is very important to
understand and experience self and wisdom of life to see the larger picture and
role in this wonderful world... I wish to see everyone working together, in joy
and happiness, rising above the conditioning/egos...

Regards /best wishes

Sushil Jain

Sanjeev Sabhlok

Somnath, I do not agree with Mr Jain and have offered to explain to
him over phone if he is interested. This is not about "everyone wants to
work for the nation but in their own way, in the name of their
organisation". That has NEVER been the way I work. Organisations are
irrelevant. Only ideas matter. This is all about the right ideas for India.
Arvind has consistently brought socialist ideas to India, and has NEVER taken
any interest in learning about good governance frameworks. I'm just making
clear that point again - which I've already made in the past. Nothing new in
what I've been saying for 15 years.

Somnath Bharti

It is high time that we all come out of our cocoons and keep our
himalayan sized egos aside and get along with Arvind Kejriwal- the only visible
and credible force against the established political parties who have done
nothing but raped MOTHER INDIA day in and day out and because THEY HAVE CBI and
POLICE in their hand they go unpunished. You have time and again said that
Arvind is a good person then everything else are a mere formality.

Sanjeev Sabhlok

Somnath, I am firmly supporting Narendra Modi in 2013/14 and will
thoroughly oppose socialist AAP in every way. Just being a good person has
never been my criteria, and I have repeated 1000 times. It is the right IDEAS I
look for.

Somnath Bharti

So you have forgiven Modi Ji for Gujarat riots which you have so
severely criticized in the past.

Apoorv Bhat

Sanjeev Sabhlok: Supporting Modi? Thats a bummer.. Do not allow Baba
Ramdev to influence you so much.. Modi is not a party, BJP is the party.. You
have called them traitors and super corrupt in the past.

Sanjeev Sabhlok

Please keep in touch with my views on my blog. I have commented on
this recently. More importantly, Modi wants limited government. And Modi has
capacity to deliver.

Somnath Bharti

I thought that you are like sea-water, whenever and wherever you
taste, it will always be salty....as we say about Lord Buddha......but no lust
for power has made you compromise your values and unfortunately you hv taken
whole of FTI for a ride....I find you dictatorial than anyone else. Why don't
you ask Shantanu to publish his experiences of meeting with Arvind?......why
dont you publish all internal messages exchanged between FTI members on your
dictatorial approaches on ideas......many FTI members have confided in me that
everything is driven by YOUR IDEAs in FTI/SKC.......still there is time, IF
your priority is MOTHER INDIA then show your leadership, come back to India, be
with the people, know their problems, be in the dirt and get dirtied, politics
happen on the ground and not on the blog or FB. Try to remain hungry for a day
to understand how does crores of Indian feel going empty stomach countless
nights......for god sake, don't preach the hungry about nutritious food, GIVE
THEM FOOD NOW........there is a time for everything?....we all know that
without good policies India cant be taken out of comma it has been put into BY
CONGRESS/BJP and other political goons but let the right time come.

Apoorv Bhat

You dont mind a Modi who claims to be wanting 'Limited government'.
Has he done anything to reduce the size of government in Guj? Have you ignored
the way he favours the Ambani's and Adani's? Isnt crony capitalism the enemy of
capitalism?

You dont mind supporting modi(all whose claims are doubtful and has no
clear blueprint), but still have serious problems with AK who wished to reduce
the Size of governments too.. Quite Radically in fact, if i may add.. Courtesy
Swaraj..

BTW AK's blueprint (Swaraj) is out in the open...Open for public
debate and discussion. Modi's solution to all of India's problems is, well NaMo
himself.

Harsh Vora

Somnath Bharti - Kejriwal is a very good man, no doubt. But him coming
to power will bring about the same results India has had since independence.
Let us make that clear: We do NOT want a large bureaucracy which will
ultimately only create inefficiency and poverty. Socialism, of which Kejriwal
is a big advocate, will take us back to the 70s era. Thus, it makes much more
sense to collaborate with organisations that largely support capitalism, for
e.g. Modi - in the interest of a prosperous India.

Somnath Bharti

Harsh, how much time you have spent with him? The party was born on
Nov 26, 2012. Don't be impulsive, wait and watch if you can't decide now.
People who have opposed Arvind have opposed for laughable reasons like he didnt
respond to their emails or phone calls etc. Come on, task is gigantic and it
needs gigantic and on the ground efforts. WE ALL HAVE TO UNITE. This is THE
MAHABHARATA of 21st century and PANDAVAs won then and will AGAIN. Neither
congress nor BJP have done THE MUCH NEEDED POLICE AND JUDICIAL REFORMS they
want them to be tools in their hands to keep controlling people and
administration. AAP's objectives is very clear to actualize for crores of
Indians true meaning of DEMOCRACY.

Apoorv Bhat

Sanjeev Sabhlok: I am genuinely concerned with the possibility that
AAP may adopt leftist economic policies.. But AK's swaraj is mindblowing and
according to Shailesh Indian economy will "Sky Rocket".

But if the alternative to a possibly leftist AAP is Sanjeev's FTI.
Then i am happy i chose to stick with my old friends at IAC (now AAP).. They
atleast dont have double standards like you do..

Harsh Vora: please dont go by Sanjeev's reading and interpretation of
AK's policies.. Read 'SWARAJ' yourself.. It may surprise you but he has
criticized all of UPA's policies like NREGA, the concept of BPL etc etc.. He
has also written against the concept of Planning commision.. Read Swaraj
yourself..

The above conversation is going to be useful to anybody who has been
accusing Arvind Kejriwal and AAM AADMI PARTY for being socialist and if time
permits I will independently published an article to further clarify the
socialist tag AAP is oftenly getting tagged with.

Sunday, March 17, 2013

My heart is filled with joy by just imagining that fighters of the kind of Bhagat Singh and his friends ever existed in India. Legendary Bhagat Singh and his friends were much ahead of their time and any such thing gets their due only when their time comes. Power brokers of preindependence India never understood the meaning of patriotism or love for the motherland something which was deeply rooted in beloved Bhagat Singh and his friends. Situation today is no better. Today's power sharks are probably more dangerous than ever before and to counter them we must seek inspiration and blessings of Bhagat Singh and his friends.

I'm scheduled to speak on the occasion of martyr day of Bhagat Singh, Raj Guru and Sukhdev and I have been observing my own within from the time I received the invitation. What words can describe the lives of these giants. Such are the occasions when you feel that how impotent words can be that they do not provide you the vehicle to bring out your deeper being to do Justice with the task accorded.

The dream which the gentleman dreamt of for India while fighting for her freedom is as unfulfilled as it was then.

The question which we all need to answer together is that what sort of activities we need to undertake to advance the agenda for which they sacrificed their lives with no remorse whatsoever. It is said that the person who executed them was in tears seeing the joy, of being given an opportunity to sacrifice their lives for the motherland and the pain of leaving the gigantic task of freedom unfulfilled, in their eyes.

The politics and politicians of today have brought the nation to such a shame that I have no doubt that Bhagat Singh and his friends would have revolted in no less a manner than they did against the British.

With these thoughts I invite you to share with me your feelings on martyrdom of Bhagat Singh and his friends.

Alumni, faculty and students of IIT express support for Anna Hazare in New Delhi

A group of students from Indian Institute of Technology (IIT), Delhi held a protest march outside the residence of senior BJP leader L.K. Advani seeking party's support for Anna Hazare's Jan Lokpal Bill.

Marching with placards, the students demanded that Hazare's Jan Lokpal Bill be made into a law.

Advani met the students and assured them of his party's support for a strong Lokpal.

"There is no criminal law which exempts any one. even the Prevention of Corruption Act does not exempt the prime minister. On the Lokpal, we are of the view that the prime minister should be under the purview of the Lokpal," Advani told the students.

The IITians' protests come a day after BJP top brass met Team Anna over the party's misgivings about certain provisions of the Jan Lokpal. The BJP on Thursday said that it was ready to support the Jan Lokpal Bill to the extent it does not dilute Parliament and the Constitution.

NEW DELHI: Anna's war against corruption formally reached the gates of IIT-Delhi on Saturday. A 1,000-strong crowd comprising present and former students of the institute gathered at the main gate in the evening, carrying the tricolour and shouting slogans. Their plan was to march towards Lutyens' Delhi and protest outside the residence of AICC general secretary Rahul Gandhi at 12, Tughlaq Road; but cops did not allow them to even begin the march. Dejected, the protesters tried to force their way out, after which many of them were detained. Even though students alleged that about 60 of them were picked up, cops said only 28 were detained and released later.Somnath Bharti, a past pupil and the coordinator of the protest, was the first to be detained. "We were roughed up and cops did not explain why we could not protest peacefully. They just told us that they had orders from their superiors. I want to know why they stopped us," said Bharti.The IITians tried their best to dodge the police by trying to sneak out in smaller groups and board the Metro to reach their destination. But the police soon got wind of the scheme and foiled their bid. Akshay, a 4 th-year student, said the police action was "unfair". "When everybody else is being allowed to protest, the administration is targeting us and stopping us from expressing ourselves," he said.Cops, on the other hand, claimed they had no prior information about the protest, nor did the students ever seek any permission to do so. "They were asked to take permission, specifying the area of protest; but a section of them refused to do so, which is why they had to be detained," said a senior officer.Elsewhere, a plan to protest outside the Congress office at 24, Akbar Road, was nipped in the bud when cops dispersed about 100 protesters, who had gathered there in the afternoon.Earlier in the day, DMRC, following a Delhi Police directive, shut down Patel Chowk, Central Secretariat Udyog Bhavan stations around 3pm. These were re-opened for public at 7pm. Earlier, four metro stations, namely Udyog Bhawan, Race Course, Jor Bagh on Gurgaon Line and Khan Market on Badarpur corridor, were closed as a precautionary measure following flash protests near residences of the leading political leaders.

Friday, August 5, 2011

Though in my view Anna Hazare's approach is not a long term solution and apparently antithesis to the constitutional framework the founders gave to our nation India and even Anna or Arvind Kejriwal would not be very happy to resort to this mode of protest or bringing reforms but the way corruption and corrupt are getting stronger and stronger day by day and their shamelessness has crossed all the thresholds of morality, I am all for the Anna Hazare's movement.

Anna Hazare has given the following message to the citizens of this country to wake them up from deep slumber they have been to maneuvered to be pushed into all these years.

Anna Hazare's message to the Nation for 15th and 16th August

My Dear Fellow Indians, A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16th August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation. Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement. “If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement! So, will you take off from your work from 16 August? Will you descend on the streets with me? This year, the country will wait for 16th rather than 15th August. In solidarity, thanks Anna Hazare (Please make copies of this pamphlet and distribute it in large nos.) “WHY GOVERNMENT'S LOKPAL IS DANGEROUS???” Government's Lokpal is targeted against those who raise their voice against corruption rather than to punish the corrupt! The government's Lokpal bill covers only about 0.5% of public servants, yet it brings under its ambit virtually every citizen's group and organization, registered or unregistered, meant to serve the social sector. This raises a pertinent question -- whom is the Lokpal really targeted at? There are more than 1.25 crore central and state government employees. Out of this merely 65,000 Group A Central Government employees would be covered in the government bill leaving out all the lower officers and staff. This effectively means that there is no remedy against corruption that a common person faces daily in police, roads, industry, licensing, transport, roadways, municipality, rations, health services, education, pension, provident funds, Panchayat, forest department, irrigation department, etc. On the other hand, Lokpal would have jurisdiction over ALL NGOs, trusts, societies like Resident Welfare Associations(RWAs), big or small, whether registered or unregistered, whether they receive government funding or not, up to the village level! For instance, consider a group of citizens that unearths corruption of the Sarpanch and Block Development officer (BDO) in a village. The government's Lokpal can't take any action against the Sarpanch or BDO but it CAN lock up the group of HONEST active CITIZENS. Each and every association, like Resident Welfare Associations, Market Associations, even your neighborhood committees that organize festivals like Durga Puja, Ramlila, etc. would be under the purview of Lokpal. While there is no disagreement that the rot of corruption is also afflicting many societies, associations and NGOs, there already exists a plethora of laws like the Trust Act, Societies Act, FCRA, etc. to monitor them. Lokpal was originally intended for checking corruption in public servants. Regardless, if it is being extended to all associations of civil society, then why shouldn't it also cover all companies, businesses, political parties, and media houses? Government's Lokpal Provides Greater Protection to Corrupt! Provisions in the government's Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servant accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence FOR THE CITIZEN is TWO YEARS. But if the corruption charges are proved, the minimum sentence for the public servant is just SIX MONTHS! Will then any citizen dare raise a voice against corruption?

Thursday, July 14, 2011

Mumbai has been attacked again and then comes the same rotten promises of the politicians. How serious today's government is towards our safety and security of the nation can well be gauged from the fact that for no rhyme or reason they excluded CBI from the reach of RTI. I bet you watch these horrible pictures of our fellow brethren soaked in blood lying on the floor helpless. It cost us with 21 lives and hundreds injured. And 21 lives are not the only casualties. 21 families basically died with these 21 fellow citizens.

Morning news items were pretty in contrast with each other. In Delhi police was busy catching and prosecuting women and their pimps for treading their bodies and in Mumbai someone who treaded his/her souls and assisted someone across or within our border actualize his/her ghastly plan of killing innocent and completely helpless fellow citizens.

Everybody is talking of Pakistan and why USA is not doing anything against Pak. Probably in response and to restore the shaking faith back in USA, Obama Administration has stopped the delivery of 800 million dollars scheduled aid. But who is the biggest beneficiary of such terrorist activities??? Probe your within, analyze the facts/news and the answer would be right there before.

Someone right within our country, someone high up has treaded his/her soul to make such attacks possible and rather than accusing Pakistan, our government and all of us need to locate these money-thirsty, nay blood-thirsty monsters. We need to fix our own country. USA had one 9/11 and no such incident after that.

For someone, terrorism is hard core business for many purposes, two of which I can share here.

Keeping the countrymen deep scared, instilling fear psychosis in their being so that their questioning tendencies go away. So that any uprising against corruption, against malpractices of the powerful stop and does not rise again.

With countries becoming nuclear enabled and empowered, the possibility of war has terribly decreased. Now all these countries know that one mistake by one country and the chain would start wiping out the total habitation off the earth. Hence no old time war would happen wherein they used small weapons to attack the other. Available information suggest that the nuclear arsenal, in possession with various countries, is good enough to wipe out the earth 15-16 times. I wonder why do we need so much nuclear arsenals, after all not everybody is Jesus Christ that a resurrection will happen and that too 15-16 times which even Jesus would have failed. In absence of such wars which were great markets of small weapons; these weapons now get used in the name of terrorism. I am sure that the persons involved in such businesses will realize someday their misdeeds. I have read that the king who ordered crucifixion of Jesus developed one life-time disease of washing his hands believing them to be stained with the blood of Jesus.

People behind such attacks are mentally and psychologically too ill. World leaders, if they wish to save the humanity from further proceeding towards the OBVIOUS destruction, need to come out of their tiny concepts of NATIONS and start thinking of the earth as ONE PLACE. I don't see any other way out of such insane acts. If you see, then please share your thoughts. I know that this wish of mine is too much to ask for and with such wishes I do carry the risk of getting termed crazy but I better be crazy than hopeless!!!